Cervantez v. Las Vegas Metropolitan Police Department Detention Service Division

D. Nevada

Cervantez v. Las Vegas Metropolitan Police Department Detention Service Division

District Court, D. Nevada·Decided January 18, 2023·No. 2:17-cv-00562·Unknown

Opinion

1 LYSSA S. ANDERSON Nevada Bar No. 5781 2 KRISTOPHER KALKOWSKI Nevada Bar No. 14892 3 KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 4 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 5 Fax: (702) 796-7181 landerson@kcnvlaw.com 6 kkalkowski@kcnvlaw.com 7 Attorneys for Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 LUIS CERVANTES, CASE NO.: 2:17-cv-00562-MMD-DJA 12 Plaintiff, vs. 13 STIPULATION AND [PROPOSED] LAS VEGAS METROPOLITAN POLICE ORDER TO CONTINUE JURY TRIAL 14 DEPARTMENT, a political subdivision of the State of Nevada; EDDIE SCOTT, P#15631, in (Third Request) 15 his individual and official capacities; KEVIN PATIMETEEPORN, P#14529, in his 16 individual and official capacities; and TIMOTHY DORION, P#14942, in his 17 individual and official capacities, 18 Defendants. 19 Defendants, Eddie Scott, Kevin Patimeteeporn and Timothy Dorion (“LVMPD 20 Defendants”), through their counsel, Kaempfer Crowell, and Plaintiff, Luis Cervanes (“Plaintiff”) 21 through his counsel, Trevor Hatfiled, hereby jointly stipulate and agree to a third continuance of 22 the jury trial and represent as follows: 23 / / / 24 / / / 1 1) A Jury Trial in this matter is currently set on a three-week stack to commence on 2 February 27, 2023 at 9:00 a.m. and a Calendar Call is currently set for February 21, 2023 at 1:00 3 p.m. via telephone. 4 2) This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-01 and is the

5 parties’ third request for a continuance of the jury trial [ECF Nos. 155 and 161], and all trial 6 related deadlines. The parties respectfully request that the trial be moved to the Court’s June 27 7 trial stack. 8 3) This Court has discretion to re-schedule the current trial setting. District courts 9 have inherent power to control their dockets. Hamilton Copper & Steel Corp., v. Primary Steel, 10 Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cor. 1992). A 11 motion for continuance of trial should be granted for good cause. Fed. R. Civ. P. 16(b)(4). “The 12 determination of whether to grant a motion for trial continuance rests in the sound discretion of the 13 trial court.” U.S. v. Makley, 468 F2.d 916, 917 (9th Cir. 1972). 14 4) The parties submit that good cause for a continuance of the current jury trial exists.

15 As the Court is aware, the individual Defendants in this matter are Clark County Detention Center 16 Corrections Officers. Two of the individual Defendants have conflicts with the current trial date 17 for the following reasons. Defendant Scott is currently a member of the United States Army 18 Reserve and has orders from his command requiring him to attend training on March 2, 2023 and 19 March 3, 2023 and thus he would be unavailable those days. Defendant Patimeteeporn is currently 20 a specialized (SERT) instructor at the Las Vegas Metropolitan Police Department’s Academy for 21 Correction Officer recruits. He will be instructing the entire Corrections Officer Academy 22 February 27, 2023 through March 10, 2023 and will not be available. 23

24 1 5) This request is not being made to cause undue delay and is being made in goc 2 || faith. No party will be prejudiced by this request. This request will ensure all parties appearan 3 || and participation at the trial during the June 27, 2023 trial stack. 4 DATED this day of January, 2023. 5 || KAEMPFER CROWELL HATFIELD & ASSOCIATES, LTD. By: _/s/Lyssa S. Anderson By: _/s/ Trevor J. Hatfield 7 Lyssa Anderson (5781) Trevor J. Hatfield (7373) oer ne ih Se estiv za Dr. Ste. 8 Las Vegas, Nevada 89135 Las Vegas, Nevada 89101

9 Attorneys for Defendants Attorney for Plaintiff Luis Cervantes Officers Eddie Scott, Kevin 10 Patimeteeporn and Timothy Dorion

11 12 ORDER

3 ITIS SO ORDERED. Jury trial reset to 6/27/2023 at 9:00 AM; Calendar call is reset to June 20, 2023 at 1 pm (by t e.) 14 Dated thisl 8th day of January, 2023.

15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 a8 7

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1 LYSSA S. ANDERSON Nevada Bar No. 5781 2 KRISTOPHER KALKOWSKI Nevada Bar No. 14892 3 KAEMPFER CROWELL 1980 Festival Plaza Drive, Suite 650 4 Las Vegas, Nevada 89135 Telephone: (702) 792-7000 5 Fax: (702) 796-7181 landerson@kcnvlaw.com 6 kkalkowski@kcnvlaw.com 7 Attorneys for Defendants Eddie Scott, Kevin Patimeteeporn, and Timothy Dorion 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 LUIS CERVANTES, CASE NO.: 2:17-cv-00562-MMD-DJA 12 Plaintiff, vs. 13 STIPULATION AND [PROPOSED] LAS VEGAS METROPOLITAN POLICE ORDER TO CONTINUE JURY TRIAL 14 DEPARTMENT, a political subdivision of the State of Nevada; EDDIE SCOTT, P#15631, in (Third Request) 15 his individual and official capacities; KEVIN PATIMETEEPORN, P#14529, in his 16 individual and official capacities; and TIMOTHY DORION, P#14942, in his 17 individual and official capacities, 18 Defendants. 19 Defendants, Eddie Scott, Kevin Patimeteeporn and Timothy Dorion (“LVMPD 20 Defendants”), through their counsel, Kaempfer Crowell, and Plaintiff, Luis Cervanes (“Plaintiff”) 21 through his counsel, Trevor Hatfiled, hereby jointly stipulate and agree to a third continuance of 22 the jury trial and represent as follows: 23 / / / 24 / / / 1 1) A Jury Trial in this matter is currently set on a three-week stack to commence on 2 February 27, 2023 at 9:00 a.m. and a Calendar Call is currently set for February 21, 2023 at 1:00 3 p.m. via telephone. 4 2) This request is submitted pursuant to LR IA 6-1, 6-2 and LR II 7-01 and is the

5 parties’ third request for a continuance of the jury trial [ECF Nos. 155 and 161], and all trial 6 related deadlines. The parties respectfully request that the trial be moved to the Court’s June 27 7 trial stack. 8 3) This Court has discretion to re-schedule the current trial setting. District courts 9 have inherent power to control their dockets. Hamilton Copper & Steel Corp., v. Primary Steel, 10 Inc., 898 F.2d 1428, 1429 (9th Cir. 1990); Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cor. 1992). A 11 motion for continuance of trial should be granted for good cause. Fed. R. Civ. P. 16(b)(4). “The 12 determination of whether to grant a motion for trial continuance rests in the sound discretion of the 13 trial court.” U.S. v. Makley, 468 F2.d 916, 917 (9th Cir. 1972). 14 4) The parties submit that good cause for a continuance of the current jury trial exists.

15 As the Court is aware, the individual Defendants in this matter are Clark County Detention Center 16 Corrections Officers. Two of the individual Defendants have conflicts with the current trial date 17 for the following reasons. Defendant Scott is currently a member of the United States Army 18 Reserve and has orders from his command requiring him to attend training on March 2, 2023 and 19 March 3, 2023 and thus he would be unavailable those days. Defendant Patimeteeporn is currently 20 a specialized (SERT) instructor at the Las Vegas Metropolitan Police Department’s Academy for 21 Correction Officer recruits. He will be instructing the entire Corrections Officer Academy 22 February 27, 2023 through March 10, 2023 and will not be available. 23

24 1 5) This request is not being made to cause undue delay and is being made in goc 2 || faith. No party will be prejudiced by this request. This request will ensure all parties appearan 3 || and participation at the trial during the June 27, 2023 trial stack. 4 DATED this day of January, 2023. 5 || KAEMPFER CROWELL HATFIELD & ASSOCIATES, LTD. By: _/s/Lyssa S. Anderson By: _/s/ Trevor J. Hatfield 7 Lyssa Anderson (5781) Trevor J. Hatfield (7373) oer ne ih Se estiv za Dr. Ste. 8 Las Vegas, Nevada 89135 Las Vegas, Nevada 89101

9 Attorneys for Defendants Attorney for Plaintiff Luis Cervantes Officers Eddie Scott, Kevin 10 Patimeteeporn and Timothy Dorion

11 12 ORDER

3 ITIS SO ORDERED. Jury trial reset to 6/27/2023 at 9:00 AM; Calendar call is reset to June 20, 2023 at 1 pm (by t e.) 14 Dated thisl 8th day of January, 2023.

15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 a8 7

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Cervantez v. Las Vegas Metropolitan Police Department Detention Service Division, (D. Nev. 2023).

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